What assets skip probate?

Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts — pass directly to the beneficiary. Jointly owned property with right of survivorship and assets in a living trust also avoid probate.

How long does probate take?

A simple estate often settles in a few months to a year; complex or contested estates take longer. Using a small-estate affidavit, where the estate qualifies, is usually much faster than full administration.

Probate · Texas

Probate & settling an estate in Texas

In Texas, estates under $75,000 (excluding the homestead and exempt property) can usually skip full probate. Estates at or below the limit may use a Small Estate Affidavit filed with the probate court, avoiding full administration, when there's no will and the estate qualifies.

Small-estate threshold: $75,000 (excluding the homestead and exempt property)
How it works: Estates at or below the limit may use a Small Estate Affidavit filed with the probate court, avoiding full administration, when there's no will and the estate qualifies.

Probate is the court-supervised process of settling someone's estate — proving the will, paying debts, and distributing what's left. Most states offer a simplified 'small-estate' shortcut when the estate's value is below a set threshold, letting heirs use an affidavit instead of full administration. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) and jointly owned property usually pass outside probate entirely. Thresholds, timelines, and forms vary by state, so confirm with the local probate or surrogate's court.

Common questions

What is the small-estate limit in Texas?: $75,000 (excluding the homestead and exempt property). Estates at or below the limit may use a Small Estate Affidavit filed with the probate court, avoiding full administration, when there's no will and the estate qualifies.
What assets skip probate?: Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts — pass directly to the beneficiary. Jointly owned property with right of survivorship and assets in a living trust also avoid probate.
How long does probate take?: A simple estate often settles in a few months to a year; complex or contested estates take longer. Using a small-estate affidavit, where the estate qualifies, is usually much faster than full administration.

What to do when someone dies in Texas Planning ahead

General guidance, not legal advice. Probate rules and thresholds change — confirm with the Texasprobate or surrogate's court, or an attorney.